(a)...‘the average person, applying contemporary community standards’ would find the work, as a whole, appeals to the prurient interest,...(b)...the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c)...the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

The supreme court has never extended the first amendment to include obscenities of any kind. Also, by the legal definition as of 2003, images that depict a minor in sexually explicit conduct is considered child pornography. People have been sentenced to jail.

Hentai, in the eyes of the court, does not pass the Miller test. As such is not defended by the first amendment. Whether you agree with this or not is up to you, but Child Pornography is not defended under the 1st amendment.

Hentai doesn't pass the miller test? Well jesus dude, seems like people are just playing favorites. But enough about this, I know it's a legal gray area. The prosecutors in my state have trouble because of it. People have walked away before because they couldn't be charged. The U.S. will always have this problem, until treatment for sexual offenders and prevention of such crimes can improve, which may be long off.

I don't disagree with you. It's not so much a legal grey area, more of a judgmental gray area. You have to find a Judge / Jury who will convict. There's precedent but not all judges & juries agree. Even in the cases where they have been convicted, it's clearly grossly under the suggested time.

It's a law not too many people actually agree with, even in the court rooms.

well, what I got from wikipedia is different but still says only obscene drawings are illegal and drawing of children no matter what age are.

But still I proclaim that the law is unconstitutional because it prohibits speech that records no crime and creates no victims by its production. Virtual child pornography is not 'intrinsically related' to the sexual abuse of children.

Your wrong on that and I can prove it. It is illegal only if it is obscene. And legal only if it is not and doesn't matter about age. Ether you give false info or outdated info.

The law enacted 18 U.S.C. § 1466A, which criminalizes material that has "a visual depiction of any kind, including a drawing, cartoon, sculpture or painting" that "depicts a minor engaging in sexually explicit conduct and is obscene" or "depicts an image that is, or appears to be, of a minor engaging in sexual intercourse and lacks serious literary, artistic, political, or scientific value". By its own terms, the law does not make all simulated child pornography illegal, only that found to be obscene.

"appears virtually indistinguishable", multiple lawyers have successfully helped their clients by pointing out that the huge eyeballs and heads,clearly make it easy to distinguish as a drawing.
8chan makes it clear that it allows loli you know. The only rule on 8chan is that things must obey US laws. 4chan also didn't care. FBI has never bothered to shut these sites down, and never have or will waste time over such things. I've been on enough porn sites to know this stuff, and there have been many times that loli gets banned, but it's only ever due to advertisers becoming unhappy, never due to legality.

Look, this law is argued back and forth all the time. Sometimes people are convicted, sometimes they are not. Christopher Handley, for example, was put in jail for 6 months for ordering lolicon manga from Japan. Christjan Bee is spending 3 years. There are dozens of other that aren't that hard to find covering all of U.S. and Canada.

It's not a gray area, It's very clear in the PROTECT act of 2003. Also, anything considered obscene in accordance to the Miller Test is not protected by the first amendment. You can argue whether or not hentai fits under the miller test, specifically the third test: "Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value." However, there is already precedent, and you'd have to overturn that to fight it.

Long story short: Lolicon hentai in Canada and America is currently against federal law under the PROTECT act of 2003.

(a)...‘the average person, applying contemporary community standards’ would find the work, as a whole, appeals to the prurient interest,...(b)...the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c)...the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

The supreme court has never extended the first amendment to include obscenities of any kind. Also, by the legal definition as of 2003, images that depict a minor in sexually explicit conduct is considered child pornography. People have been sentenced to jail.

Hentai, in the eyes of the court, does not pass the Miller test. As such is not defended by the first amendment. Whether you agree with this or not is up to you, but Child Pornography is not defended under the 1st amendment.

Hentai doesn't pass the miller test? Well jesus dude, seems like people are just playing favorites. But enough about this, I know it's a legal gray area. The prosecutors in my state have trouble because of it. People have walked away before because they couldn't be charged. The U.S. will always have this problem, until treatment for sexual offenders and prevention of such crimes can improve, which may be long off.

I don't disagree with you. It's not so much a legal grey area, more of a judgmental gray area. You have to find a Judge / Jury who will convict. There's precedent but not all judges & juries agree. Even in the cases where they have been convicted, it's clearly grossly under the suggested time.

It's a law not too many people actually agree with, even in the court rooms.